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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Power of crime] On August 31, 2006, the Defendant issued a summary order of KRW 500,000 to a fine of KRW 500,000 for a crime of violating the Road Traffic Act (driving) at the Jeju District Court on August 6, 2007, a summary order of KRW 1.5 million for the same crime at the same court on August 6, 2007, and a summary order of KRW 1.5 million for the same crime at the same court on March 12, 2008, respectively.
[2] Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 1 also driven Bcoin cargo under the influence of alcohol concentration of approximately 0.161% from the 200 meters away from the 200-meter section of blood alcohol level to the front road of a restaurant, from the 70-day north-ro, Jeju-ro, Jeju-do, on April 14, 2018, to the 70-ro east Gcoin’s road in the same city-style gate.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Relevant photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to a summary order attached to the suspect's previous history);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (i.e., reflective points, offenses exceeding fines, and in particular, the fact that there has been no criminal history for the last ten years, and in particular, there has not been any personal damage);
1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);
1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;